FAROOQ (Migration)

This matter concerned a review of a decision regarding a Subclass 500 (Student) visa. The applicant sought to demonstrate they met the financial requirements for the visa, which included evidence of sufficient funds for course fees, living expenses, and travel. The Tribunal was tasked with assessing whether the applicant had provided adequate evidence of genuine access to these funds.

The primary legal issues before the Tribunal were whether the applicant had satisfied the financial capacity requirements under clause 500.214 of Schedule 2 to the Regulations, specifically concerning the availability of sufficient funds for their intended stay in Australia and whether they had genuine access to those funds. This involved considering the evidence presented, including details of a loan obtained by the applicant's wife.

The Tribunal considered the applicant's enrolment details, course costs, and payments made. It also examined evidence of a loan of AUD $45,261 from the Bank of Punjab, intended to cover study and living expenses. The Tribunal found that the applicant had provided evidence of financial capacity in the form of a loan from a financial institution, meeting the requirements of IMMI 18/010. It was satisfied that sufficient funds were available to cover travel expenses, living costs, and course fees for the first 12 months of study, and that the applicant met clause 500.214(2) and (3).

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 500.214 of Schedule 2 to the Regulations.